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2023 Supreme(Del) 2160

SURESH KUMAR KAIT, MANMEET PRITAM SINGH ARORA
Kunwar Mohammed Ali Khan – Appellant
Versus
DG CISF – Respondent


Advocates appeared:
Ms. Ruchi Kohli, Mr. Yash Mishra, Mr. Anuj Rathee and Ms. Srishti Mishra, Advocates, for the Petitioner.
Mr. Manoj Pant, APP for the State with SI Kuldeep Singh, P.S. V.K. North, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J.

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioner seeking quashing of FIR bearing no. 496/2016, registered at Police Station Vasant Kunj North, South Delhi for offences punishable under Section 75 of Juvenile Justice (Care and Protection of Child) Act, 2015 ('JJ Act') and all subsequent proceedings emanating therefrom.

2. Briefly stated, the facts of the present case are that an FIR was registered on the allegations that petitioner, who is 71 years of age and lives with her daughter in Vasant Kunj, had employed a domestic help who was a minor at the time of alleged employment. On 29.09.2016, a complaint was received from the concerned Magistrate under Section 27(9) of the JJ Act, Kasturba Niketan, Child Welfare Committee ('CWC'), Lajpat Nagar-11, District South, New Delhi, directing the SHO concerned to take legal action on the present complaint. It was alleged in the complaint that child 'X' at the time of lodging of complaint was 18 years of age i.e., on 31.08.2016, while she had been produced before CWC, Lajpat Nagar by Judith Neihojhkim, Social Worker. As per o

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